St. Paul daily globe. [volume] (Saint Paul, Minn.) 1884-1896, 1887-05-24
THE COURT GRIST.
An Interesting Real Estate Case
District Court DOings.


Judge Dickinson, of the supreme
court, yesterday affirmed the decision
of the court below overruling the de-
murrer of the defendant, MarkOe, in the
suit to quiet title of Frederick w. Ben
son vs.. William Markoe. The facts in
the case, briefly, are these: Plaintiff
Benson, i'll 1883, sold several lots i'm a
block at White Bear to William +. Mar
kOe, son of the defendant, describing
the property III his deed of conveyance
by lets. Mark0e gave Benson mort
gage to secure payment of Sl2, 600. There
was some surplus land around the lots
not included i'll the description by lots
as surveyed. Two years atterward MI.
MarkOe applied for "a quit-claim and re-
lease deed for the reason that the block
contained a surplus of land not de-
scribed in the original document. Ben
S IL, relying upon his representations
executed and delivered to him a quit
claim deed. After this Mr.. Markoe con-
veyed the property by a deed to his
father, William Markoe. Suit was
brought in this county to forecl0se the
mortgage. Defendant demurred on the
ground that there was no cause for ac-
tion-he had a clear title to the property
in the quit-claim deed. The district
court Overruled the demurrer, and de-
PENDANT MarlfOe appealed to the supreme
court. Judge Dickinson holds that in
equity Mr.. Benson is entitled to relief.
and that the operation Of the latter deed
is limited to the conveyance of the prem
iSeS, and that the defendant is not re-
leased from his obligation to pay the
stipulated consideration. The syllabus
is all interesting one and is here given:
THE SYLLABUS.
Frederick w. Benson, respondent, VS..
William Mafkoc, appellant.
Syllabus-The power of courts of
equity to afford relief from the conse-
quenceS of mistakes of parties to written
instruments is not strictly limited to
mistakes of fact, but extends also to
mistakes of law. While for bare mis-
take of law alone, without other con-
SiderationS affecting the case relief will
rarely if ever be afforded,y yet equity will
Interfere where it further appears that
the defendant, availing himself of the
opportunities afforded by the mistake.
will take unconScionable advantage of
the plaintiff without consideration. the
plaintiff being blameless and the de-
PENDANT being in no position emitting
him to equitable protection In general,
for the mistake OF one party only to an
instrument relief will not be afforded, as
by reformation SO as to subject the other
party to obligations or conditions to
which he never aSSented: bat relief NAV
be granted when the parties can be
placed in their former position. The
plaintiff, who had sold certain real estate
to the defendants grantor, and executed
"A deed of conveyance, taking back
mortgage for the price-s12,O0O-was
afterwards requested by the grantee to
execute TO him further iced of release
and quit-claim of the premises, for the
purpose of effectually conveying certain
land Which. as was represented, had not
been transferred by the prior deed The
plaintiff executed the quit-elaim and re-
lease, without consideration thereof in
legal effect, but, contrary to his inten-
ton, diScharging his mortgage. Held,
that the plaintiff is entitled t0reiief linn
iting the operation of the latter deed to
the conveyance of the premises, the de-
PENDANT having acquired his title with
knowledge of the plaintiffs equity. The
order ovcrruling the demurrer is af-
firmed. DICKINSON, j.
OTHER CASES.
III the supreme court yesterday The
order Of the court below was affirmed in
the case of Lowell & West, respondents.
VS.. James Goodenow. appellant; and the
case Of George A. Nash, appellant, VS..
st. Paul City Railway company, was
argued and submitted.
FOUND NOT Guilty.
John Lafond, indicted with William
Simpson for larceny in the first degree,
was tried before Judge Willlin yester-
day. II vii! be remembered that Simp-
son pleaded guilty to larceny in the
second degree. They were charged
with having held up Otto johnson OH
Mississippi street Oh April Is, and
protested his innocence, and for de-
Tense claimed that lie had supposed
some of his friends were III fight and
had come to their rescue after thewatch